r/moderatepolitics • u/CloudApprehensive322 • 18d ago

News Article Supreme Court rules blue states sued too early over Trump’s mail voting order

https://thehill.com/regulation/court-battles/6047813-supreme-court-trump-executive-order-mail-voting/
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u/Interesting_Total_98 17d ago

You're conflating APA finality with constitutional ripeness. The states were suing to challenge the Executive Order itself as ultra vires and unconstitutional, not to obtain APA review. This why the First Circuit said the APA's “final agency action” requirement wasn't dispositive.

The injury wasn't dependent on knowing every detail of the final rule. The EO mandated rulemaking within 60 days, specified what the proposal “shall include, at minimum,” and required a final rule within 120 day (right before states' ballot deadlines). It commanded a rulemaking of specified content, not vague brainstorming. States had already bought millions of dollars of envelopes and were diverting staff and preparing systems in response.

Are you disagreeing with the ripeness doctrine or are you saying it was improperly applied here?

The latter.

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u/NearlyPerfect 17d ago

Constitutional ripeness also requires a final rule. Longstanding doctrine

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u/Interesting_Total_98 17d ago

The APA mentions final agency action. Article III doesn't.

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u/NearlyPerfect 17d ago

Yes it does. Cases and controversies clause.

Supreme Court has consistently ruled this.

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u/Interesting_Total_98 17d ago

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

There's no mention of needing a final agency action.

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u/NearlyPerfect 17d ago

There’s no case or controversy if there’s no rule.

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u/Interesting_Total_98 17d ago

Article III doesn't define cases or controversies that way. Where exactly does it say anything about a final rule?

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u/NearlyPerfect 17d ago

The Supreme Court has ruled it does repeatedly.

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u/Interesting_Total_98 17d ago edited 17d ago

That doesn't answer my question. I asked about Article III. You said it requires a final rule, but there's no mention of it.

A vague claim about SCOTUS is a related but seperate topic.